Jenkins v. Minersville Borough

Citations

• 44 Pa. Super. 423
• 1910 Pa. Super. LEXIS 189

Syllabus

<p>Road law — Change of grade — Municipal authority — Jurisdiction— Common pleas — Boroughs—Act of May 24,1878, P. L. 129.</p> <p>Where on exception filed in the court of common pleas to a report of viewers, awarding damages for a change of grade of a street in a borough, the evidence shows that no ordinance or resolution of the borough council had ever been passed which provided for or authorized any change in the grade of the street in question, nor that there had ever been any adoption of a change of grade after it had been made, nor that there had been in fact any physical change in the grade, the court commits no error in sustaining the exception on the ground of lack of jurisdiction, and in dismissing the proceedings.</p>